{"id":372439,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-second-degree-murder.html"},"modified":"2025-05-16T13:02:49","modified_gmt":"2025-05-16T18:02:49","slug":"delaware-second-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-second-degree-murder.html","title":{"rendered":"Delaware Second-Degree Murder"},"content":{"rendered":"\n
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Delaware Second-Degree Murder<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Second-degree murder in Delaware involves recklessly causing death with a "cruel, wicked, and depraved indifference to human life." Unlike first-degree murder, it does not require premeditation or specific intent to kill. Second-degree murder is a Class A felony with potential penalties ranging from 15 years to life in prison. This statute also encompasses felony murder, where death results from criminal negligence during the commission of a felony, without needing to prove intent to kill.<\/p>\n\n <\/div>\n\n

Delaware law identifies six types of criminal homicide<\/a>, including murder, manslaughter, negligent homicide, and vehicular homicide. The second most serious type of homicide is second-degree murder. It\u2019s different from murder in the first degree in that there is no premeditation or intent to kill. Instead, it requires a reckless indifference to human life.<\/p>\r\n

This article briefly outlines Delaware’s second-degree murder<\/a> laws, including information on the related crime of murder by abuse or neglect. These crimes are similar and carry similar penalties.<\/p>\r\n

How Does Delaware Law Define Second-Degree Murder?<\/b><\/h2>\r\n

Delaware\u2019s criminal code (Del. Code Section 635<\/a>) defines second-degree murder as:<\/p>\r\n